Terms

Our Terms of Service Agreement may be changed, updated, or revised periodically. The most current version can always be found at https://your.mom/terms/. Changes to the Terms of Service Agreement (Agreement) take effect immediately. Last updated November 7, 2018

1. Overview

Your Mom provides email services under the domain your.mom. Your Mom utilizes dedicated servers built and managed by Haus Interactive, LLC. Customers utilize these resources to send and receive email at their personal address(es) at your.mom. Your Mom also utilizes Haus Interactive LLC’s billing service, Square Inc. to handle monthly subscription payments.

2. Payment

The customer is responsible for making payments according to the terms set forth at the inception of their account. Customers pay US$4 per month to maintain access and storage for each address at the your.mom domain.

The Customer will continue to be billed until their account is closed either by the customer in the form of a 30-day written notice or by Your Mom or Haus Interactive LLC due to violating the Terms of Service. Charges are not pro-rated when an account is cancelled. As long as cancellation is completed prior to the first of the next month, the customer will not be billed beyond the current month.

If a payment fails to post Your Mom will reach out to the Customer to resolve the issue. If the issue can not be resolved within 30 days the Customer’s account will be suspended until payment is received. If an account goes unpaid for 90 days it is considered abandoned. Abandoned accounts are stored for 6 months after which point they are removed from the system and the email address is released to the public for purchase.

3. Data

The Customer’s privacy is important to Your Mom. All connections to our servers are encrypted. Your Mom and Haus Interactive LLC do not monitor communications or collect any usage data on customers with the exception of disk storage and bandwidth usage. Your Mom and Haus Interactive LLC do not sell any data about its customers to third parties.

The utilization of any server space or data received by the Customer from the utilization of the service to be provided by Your Mom is at the Customer’s sole and absolute risk. Your Mom and Haus Interactive, LLC specifically disclaim and deny any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby. As a precaution to data loss, Haus Interactive, LLC runs a redundant array of independent disks (or RAID) and also backs up user data nightly to an offsite location as well as to a third, regionally distinct facility monthly.

4. Warranties

By consenting to the Agreement, the Customer acknowledges that Your Mom and Haus Interactive, LLC make absolutely no express or implied Warranties. As a result, the Customer agrees that Your Mom and Haus Interactive, LLC shall not be liable for any claims, damages, or loss of profit which may be suffered by the Customer or any other party for damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss or interruption of data.

5. Restrictive Use

The Customer may only use Your Mom for lawful purposes. If at any time Your Mom believes that the service is being used by the Customer is in infringement with any of the terms and provisions contained in this Agreement, Your Mom has the right to immediately discontinue said service without liability other than to refund any prepaid fees for undelivered services. The following are restricted uses and shall be cause for the immediate termination of services and accounts:

a.) Harassment and hate speech. Your Mom believes in the freedom of speech and does not monitor communications but will comply with local or federal government subpoenas for data if they are presented. Your Mom may not be used to harass, intimidate, or otherwise hurt or threaten another individual. Acknowledging that harassment and hate speech can take many forms, Your Mom reserves the right to reject applications for email address names that contain profanity or are overtly vulgar.

b). “Spamming” is a violation of State and Federal Law and this User Agreement. Your Mom will comply with requests from regulatory, administrative and/or governmental authorities if a Customer has been shown to be using their your.mom account to send spam. In addition, Your Mom reserves the right to charge one dollar (US$1.00) per email recipient for any such activity.

c.) Failure to pay on a monthly, or pre-paid basis, as dictated in the individual User Agreement.

Your Mom reserves the right to amend or alter these terms without prior notice or warning.

6. Suspension

A US$25 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed US$25 each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer or the charges paid in full, including any chargeback fees.

If Customer does not remit full payment for hosting services rendered within 30 days of the date posted on invoices issued, Your Mom reserves the right to suspend email services under the Terms of Service until full payment is received.

Your Mom reserves the right to apply a late fee equaling US$10 for each month payment is late.

Your Mom and Haus Interactive, LLC shall not be liable for any claims, damages, or loss of profit which may be suffered by the Customer or any other party for damages arising out of, or in relation to the suspension of Customer’s account due to overdue or late payment for hosting services or due to violation of the terms outlined in section 6 “Restrictive Use”

7. Indemnification

Your Mom and Haus Interactive, LLC shall be indemnified and held harmless from all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against the Customer for web content that violates any international, national, or local law, including material which may be scandalous, libelous, illicit, or in violation of copyright or patent. Said content is the sole responsibility of the Customer.

8. Agreement and Entire Understanding

This document constitutes the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

9. Relationship

The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer ie: an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.

10. Governing Law

This Agreement shall be governed by the laws of the State of New Jersey in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Bergen County, New Jersey. If any actions of litigation are brought to enforce or interpret the provisions of this Agreement, the prevailing party in said litigation shall be entitled to all reasonable costs to include attorney fees.

11. Severability

In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

12. Confidentiality

The Customer acknowledges that any information not previously disclosed to the public, to include but not be limited to computer programs, web design, source code, and images are the property of Your Mom and may not be utilized or released without the express written permission of Your Mom.

13. Interpretation

The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.